How Was This Not Completely Obvious?
Religious school fires teacher over health claim. Teacher was teaching some religious subjects. Takes it to Supreme Court who gets it all wrong. Here.
I think it is completely fair that no Catholic Bishop who converts to Pastafarianism should be able to fire a religious discrimination lawsuit when they are fired. But, here, in the Perich case, she wasn't fired because she deviated from Lutheranism, but for a totally cut and dried ADA-violating reason.
The exception is written for ministers, but it shouldn't be, it should be written for religion-related issues. If someone deviates from the faith then it would be absurd to force a religious community to keep them. If they fire someone for any other protected reason, though, it's clearly discrimination.
A special "Fuck You" shout out to Antonin Scalia.
I wonder if the defense, led by the US Solicitor General, really cared, or secretly wanted to lose, or was just incompetent.
I should file some amicus briefs.